Bill Text: IL SB3293 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Health Care Worker Background Check Act. Allows a peer recovery specialist to request a waiver from the Department of Public Health to work in the health care industry when he or she would otherwise be prohibited because of his or her criminal record.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2025-01-07 - Session Sine Die [SB3293 Detail]

Download: Illinois-2023-SB3293-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3293 Introduced 2/7/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
225 ILCS 46/40
Amends the Health Care Worker Background Check Act. Allows a peer recovery specialist to request a waiver from the Illinois Department of Public Health to work in the health care industry when he or she would otherwise be prohibited because of his or her criminal record.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Health Care Worker Background Check Act is
amended by changing Section 40 as follows:
(225 ILCS 46/40)
Sec. 40. Waiver.
(a) Any student; , applicant; , enrollee in a training
program; , individual receiving services from a workforce
intermediary or organization providing pro bono legal
services; , or employee listed on the Health Care Worker
Registry; or peer recovery specialist may request a waiver of
the prohibition against employment by:
(1) completing a waiver application on a form
prescribed by the Department of Public Health;
(2) providing a written explanation of each conviction
to include (i) what happened, (ii) how many years have
passed since the offense, (iii) the individuals involved,
(iv) the age of the applicant at the time of the offense,
and (v) any other circumstances surrounding the offense;
and
(3) providing official documentation showing that all
fines have been paid, if applicable and except for in the

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instance of payment of court-imposed fines or restitution
in which the applicant is adhering to a payment schedule,
and the date probation or parole was satisfactorily
completed, if applicable.
(b) The applicant may, but is not required to, submit
employment and character references and any other evidence
demonstrating the ability of the applicant or employee to
perform the employment responsibilities competently and
evidence that the applicant or employee does not pose a threat
to the health or safety of residents, patients, or clients.
(c) The Department of Public Health may, at the discretion
of the Director of Public Health, grant a waiver to an
applicant, student, or employee listed on the Health Care
Worker Registry. The Department of Public Health shall act
upon the waiver request within 30 days of receipt of all
necessary information, as defined by rule. The Department of
Public Health shall send an applicant, student, or employee
written notification of its decision whether to grant a
waiver, including listing the specific disqualifying offenses
for which the waiver is being granted or denied. The
Department shall issue additional copies of this written
notification upon the applicant's, student's, or employee's
request.
(d) An individual shall not be employed from the time that
the employer receives a notification from the Department of
Public Health based upon the results of a fingerprint-based

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